This web site is owned and operated by Montrail. PLEASE READ THESE TERMS AND CONDITIONS
OF USE BEFORE USING MONTRAIL'S WEB SITE. By using this site, you signify
your agreement with these Terms and Conditions of Use. If you do not agree to these
terms and conditions, please do not use or further access this site.
MINORS. You agree to supervise usage by, and be responsible for the actions
of, any minors who use your computer to access this site. By providing information
or placing an order, you represent and warrant that you are at least thirteen (13)
years of age.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION. See the Montrail Privacy
Policy, incorporated herein by this reference, for complete information relating
to the collection and use of your personal information.
MODIFICATION OF THESE TERMS OF USE. Montrail reserves the right to change
the terms and conditions under which this site is offered by making changes to these
Terms and Conditions of Use. You are responsible for regularly reviewing these Terms
and Conditions of Use. Your continued use of this site constitutes your agreement
to all such terms and conditions.
LINKS TO OTHER SITES. This site may contain images of and links to other
web sites that are independently run sites outside of the Montrail.com domain. Montrail
has no control over or responsibility for the content of such independent sites,
which have their own privacy and data collection practices and terms of use, independent
of Montrail. Montrail is providing these links to you only as a convenience. Neither
these sites, nor any content available through links to and from them, are screened,
reviewed or endorsed by Montrail. Montrail has no liability for any damages caused
by the use or inability to use such third party sites.
FORWARD LOOKING STATEMENTS. This site, including the reports and audio and
visual materials available through this site, includes forward looking statements,
including statements concerning liquidity, future financing and working capital
requirements and availability. These forward-looking statements, and others made
from time to time by management, are subject to many risks and uncertainties. Many
factors could cause actual results to differ materially from those projected in
such forward looking statements, including risks described in our filings with the
Securities and Exchange Commission. Risk factors that may affect liquidity, future
financing and working capital requirements and availability include, but are not
limited to, business disruptions and costs arising from acts of terrorism or military
activities around the globe; unfavorable economic conditions generally and weakness
in consumer confidence; the financial health of Company customers; the Company's
ability to effectively deliver its products to customers in a timely manner due
to potential service interruptions (including, but not limited to, those related
to labor disputes at western U.S. ports); effects of unseasonable weather (for example,
warm weather in the winter and cold weather in the spring which affects demand for
the Company's products); the Company's reliance on product acceptance by consumers;
dependence on independent manufacturers and suppliers; the Company's ability to
successfully complete and integrate its new distribution center in Europe with existing
operations; effectiveness of the Company's sales and marketing efforts; intense
competition in the industry (that the Company expects to increase); the Company's
ability to achieve and manage growth effectively; international risks including
trade disruptions, political instability in foreign markets, exchange rate fluctuations,
changes in quotas and tariffs or other duties; and the Company's ability to establish
and protect its intellectual property. The Company does not undertake any obligations
to update this forward-looking information to conform it to changes in circumstances
or expectations.
TRADEMARKS, COPYRIGHTS, AND OTHER INTELLECTUAL PROPERTY RIGHTS. "Montrail,"
"Integrafit", "Gryptonite" "Slackline" and various product names, along with the
Montrail design logos and other marks that may appear on this web site are trademarks
or registered trademarks of Montrail Corporation or its subsidiaries in the United
States and other countries. You may not copy, reproduce, republish, distribute,
upload, post, transmit, modify or use the trademarks in any manner. The names of
other companies and products mentioned herein may also be the trademarks of their
respective owners.
The entire content on this web site (including, but not limited to, design, images,
text, audio and video clips, data, graphics, links, computer code, and other content
and material) is copyrighted under United States and other copyright laws and is
the property of Montrail. The copyrighted material includes some works that are
licensed to Montrail. In addition, some of the content on this web site is protected
by trademark, privacy, and publicity laws.
The content on this web site is provided solely for your information, entertainment
and educational use. It shall not be copied, reproduced, republished, uploaded,
posted, transmitted or distributed without Montrail's express written permission.
You shall not use in any manner any of the content from this web site on any other
web site, online service or networked computer environment.
Subject to any expressly stated limitations on this web site, however, you may download
or print portions of the content or trademarks on this web site on a single home
computing device solely for your personal, non-commercial use, provided that you
keep intact all copyright, trademark or other proprietary notices. Any other use
is prohibited. Montrail will at all times retain complete ownership of the content
and trademarks on this site.
NO UNLAWFUL OR PROHIBITED USE. You shall not use this site for any purpose
that is unlawful or prohibited by this agreement, or in any manner that could damage,
disable, overburden, or impair Montrail or interfere with any other party's use
and enjoyment of this site. You shall not attempt to gain unauthorized access to
any Montrail accounts, computer systems or networks through hacking, password mining
or any other means, or interfere with or modify in any manner the appearance or
operation of this site. You shall not obtain or attempt to obtain any materials
or information through any means not intentionally made available through this site.
DISCLOSURE OF INFORMATION. Montrail reserves the right at all times to monitor
your use of this site and to disclose any information as Montrail deems necessary
to satisfy any applicable law, regulation, legal process or governmental request
or to protect its rights or a third party's safety.
DISCLAIMER OF WARRANTY. THIS WEB SITE AND THE CONTENT ON IT ARE PROVIDED
"AS IS." MONTRAIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. MONTRAIL DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THIS SITE AVAILABLE
WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT WILL MONTRAIL, ITS AFFILIATES, EMPLOYEES,
DIRECTORS, SHAREHOLDERS, CONTRACTORS, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES RESULTING FROM YOUR USE
OR INABILILTY TO USE THIS SITE, EVEN IF MONTRAIL HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO DAMAGES FROM ANY CAUSE OF ACTION,
INCLUDING, BUT NOT LIMITED TO, TORT (INCLUDING NEGLIGENCE), CONTRACT, INDEMNITY
OR OTHERWISE. IN NO EVENT WILL MONTRAIL'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE. APPLICABLE LAW
MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, SO THESE MAY NOT APPLY
TO YOU.
INDEMNIFICATION. You agree to defend, indemnify and hold Montrail and any
of its officers, directors, employees, agents and affiliates harmless from and against
any and all claims, actions, liabilities, costs or damages asserted by any third
party arising from or related to your use of this site or conduct in connection
therewith, or otherwise arising from or related to your use of this site. You further
agree to pay our reasonable attorneys' and expert witness fees and costs arising
from any actions or claims hereunder and those incurred in establishing the applicability
of this paragraph.
SEVERABILITY. Should any part or portion of this agreement be found or held
to be invalid or unenforceable, then the meaning of said provision shall be construed,
to the extent feasible, so as to render the provision enforceable, and if no feasible
interpretation would save such provision, it shall be severed from the remainder
of this agreement, which shall remain in full force and effect unless Montrail's
obligations hereunder are materially impaired.
GOVERNING LAW; VENUE AND JURISDICTION; ATTORNEYS' FEES. The rights and liabilities
of the parties arising out of or relating to this agreement or your use of this
web site will be governed by the laws of the state of Oregon, exclusive of choice
of law rules. Any legal action arising out of or relating to this agreement or your
use of this web site will take place in the state or federal courts in the state
of Oregon and nowhere else. In any such legal action, the substantially prevailing
party will be entitled to recover reasonable attorneys' fees incurred in the preparation
for and prosecution or defense of such action as fixed by the trial court or appellate
court. You agree that any cause of action arising out of or related to this site
must commence within one (1) year after the cause of action arose; otherwise, such
cause of action is permanently barred.
ENTIRE AGREEMENT. This constitutes the entire agreement between you and Montrail
regarding the access and use of this web site.
TERMINATION. Montrail reserves the right to terminate or modify this agreement
at any time. All provisions regarding the protection and ownership of Montrail's
intellectual property, disclaimer of warranties, limitations of liability, governing
law, and attorneys' fees will survive termination.
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